by The U.S. Department of Homeland Security (DHS) is establishing a new process to consider requests for lawful permanent residence by noncitizen spouses of U.S. citizens. Currently, noncitizens married to U.S. citizens can apply for lawful permanent residence but it requires the noncitizens to depart the U.S. for an undetermined period awaiting processing. The new process, intended to promote family unity, will consider requests without requiring the noncitizen spouse to leave the U.S.
The decisions will be made on a case-by-case basis. To qualify to apply under the process, the noncitizen spouse must:
- Have lived in U.S. for ten years or more;
- Not pose a threat to the public safety or national security;
- Are otherwise eligible to apply for an adjustment of status; and
- Merit a favorable exercise of DHS discretion.
According to DHS, approximately 500,000 noncitizen spouses and 50,000 children of the noncitizen spouses will be eligible for the new process.
For more details on the new process, including application requirements, see
